Purchasing Agent: shall mean the Utility general manager, director of administration, or any other official or employee of the Utility or its public-private partnership management company designated by the Utility Board as a Purchasing Agent.

Solicitation: Shall mean an invitation for bids, a request for proposals, or a request for quotes.

Utility: Shall mean the Water and Sewer Utility of the City of Evansville, Indiana.

Utility Board: Shall mean the Evansville Water & Sewer Utility Board, which is the purchasing agency having the authority to approve vouchers (claims) of the Utility.

Application to Public-Private Partner

The Public-Private Partner should follow these guidelines when funds are being expended for capital projects, maintenance and repair items included in the annual guaranteed amount within the management contract, or contractual services included in the annual guaranteed amount within the management contract such as consulting, engineering and architectural services.

Appropriations

At the time a contract is awarded, the Utility must have a sufficient appropriation balance to cover the contract amount.

Electronic Bids

Electronic Bids may be accepted if the bid notice issued the procedures for transmitting the electronic bid.

Website Notice

Notice that the Utility or its Public-Private Partner is receiving bids, quotes, or proposals should also be published on the Utility’s website at least seven (7) days before the time fixed for receiving the bids, quotes, or proposals.

Faxed Quotes or Price Checks

Faxed offers may be considered for price checks and/or informal quotes, as long as such documents contain all the requested forms and information set forth by the Purchasing Agent. The offeror assumes the risk of malfunctioning equipment or equipment which does not deliver the fax for any reason. An offeror shall follow-up the faxed information by mailing an original document by US mail, postage pre-paid, on the same date as it is faxed.

Delivery of Purchase Order/Lease to Successful Bidder

Within sixty (60) days after acceptance of a bid, quote, offer, estimate, or contract for the purchase or lease of materials, the Utility should deliver the original of each purchase order or lease to the successful bidder in person or by first class mail. The Utility should also retain a copy of the purchase order or lease for the Utility’s records.

Nondiscrimination Clause

Vendors submitting bids shall include a certification that they do not discriminate in regards to race, color, religion, gender, ancestry or national origin.

Solicitations

A Solicitation may provide that offers will be received and contracts awarded separately for any combination of lines or classes of supplies or services. Solicitations may also provide that the Utility will award a contract for supplies or services for an unspecified or estimated number of items at a fixed price per unit and that the contract may contain a formula or method for the escalation of the unit price.

Price

No quoter or bidder shall be allowed to alter or change any quote or bid prior to the award of the lowest responsible and responsive bidder. After the award, the lowest responsible and responsive bidder may negotiate terms and conditions more favorable to the Utility.

Prohibited Additions

The Purchasing Agent may not accept additions to the contract that are prejudicial to the Utility or fair competition.

Approved Equals

If the Specifications so provide, a bidder or quoter may submit a request for an approved equal before the deadline for approved equal submittal as stated in the Specifications.

Discrepancies

If there are errors in the bid or quote, the written words shall control over numbers. Errors may be corrected by the offeror as long as the Purchasing Agent determines that such errors were unintentional, do not affect fair competition, and are corrected to the advantage of the Utility. Unit prices shall prevail over extended prices.

Confidentiality

Offerors may request that certain financial information or proprietary information be kept confidential. The product bid and the price shall in all events be subject to the open record law. If such confidentiality is brought into question in any court or agency, the offeror shall defend, indemnify, and hold harmless the Utility in any such proceeding if requested by the Corporation Counsel and the Purchasing Agent.

Withdrawal of Offers

An offeror may withdraw his offer at any time prior to the opening of the offer. After an offer is opened at the date and time specified, the offer may be withdrawn only upon the consent of the Purchasing Agent. To determine whether the offer may be withdrawn, the Purchasing Agent should consider any financial hardship on the offeror if it is not withdrawn or on the city if it is withdrawn, the availability of the product from another offeror, and conditions in the best interest of the Utility.

Cancellation or Rejection

The Purchasing Agent may cancel a solicitation or reject all offers, in whole or in part, if the Purchasing Agent determines it is in the best interest(s) of the Utility. The reason for cancellation or rejection of all offers must be a part of the contract file. The Utility may temporarily discontinue services, stop work, or alter the scope of services required.

Offers Opened After the Time Stated in Solicitation

Offers may be opened after the time stated in the Solicitation if the Agency makes a written determination that it is in the best interest of the City to delay the opening. The day, time, and place of the rescheduled opening should be announced at the date, time, and place of the originally scheduled opening or by other effective means.